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(UK) Man who killed knife intruder denies murder

Discussion in 'Legal' started by Mk VII, Aug 4, 2004.

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  1. Mk VII

    Mk VII Member

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    Man who killed knife intruder denies murder
    [London Daily Telegraph]
    (Filed: 04/08/2004)
    A builder who fatally stabbed a man armed with a knife who broke into his home and allegedly threatened to kill him has been put on trial for murder.
    David Armstrong, 39, who denies murder, is on trial at Lewes Crown Court in East Sussex for killing Anthony Banks, 43, a former friend and business partner.
    Mr Banks was also the estranged husband of Barbara Banks, who had moved into Armstrong's home in Lewes. The jury has been told that Armstrong claims that he acted in self-defence after Mr Banks arrived at 3am one morning and tried to smash down his front door. When that failed, Mr Banks, who had been drinking and had taken cocaine and cannabis, broke in through a window, telling Armstrong he was "a dead man".
    As he came through the window, Armstrong said that he "prodded" at him through a curtain with a kitchen knife. Mr Banks was stabbed at least five times in the head and neck. He died in hospital.
    The court was told that Mr Banks had twice before broken into the flat, smashing furniture and assaulting Mrs Banks, because he was enraged that she had left him for Armstrong after 20 years of marriage. Richard Anelay, QC, prosecuting, said Mr Banks telephoned Armstrong and sent text messages several times in the hours before the killing. After a call in which Mr Banks allegedly said that he was coming round with a knife to kill his love rival, Armstrong dialled 999 to tell the police, but Mrs Banks persuaded him to hang up because she did not want her estranged husband locked up over Christmas.
    At about 3am on Dec 15, Mr Banks drove from his home in Brighton to Armstrong's flat. Mr Anelay said that Mr Banks tried to break down the front door, shouting: "Dave, you pervert, open the door." Mr Anelay said that when Mr Banks failed to break through, he picked up a dustbin lid and smashed it through the kitchen window. He said that a neighbour saw Mr Banks pull himself on to the window sill "pushing out of the way a curtain" as if to enter the flat. "She also noticed something sticking out of his back right trouser pocket, but he did not remove it. It later transpired that it was a fishing knife," Mr Anelay said. The neighbour then heard a woman screaming and saw Mr Banks collapse, losing much blood.
    Mr Anelay said that Armstrong claimed that Mr Banks, when banging on the door, looked through the letterbox and threatened to kill him, then thrust a knife through, which Armstrong said he recognised as Mr Banks's fishing knife. "Nobody else saw this and the knife was later recovered, in its sheath, from the back pocket of Tony's jeans," Mr Anelay said. He said that as Mr Banks tried to enter the kitchen window, Mrs Banks tried to give Armstrong a clock she had picked up with which to fend off any attack, but he did not take it and she saw that he had a knife in his left hand "which he then lunged down in the area of Tony's neck and shoulder".She saw Armstrong lunge another three or four times, seeing the knife last "when it went into Tony's head". Mr Banks then slumped back out of the window.
    When interviewed by police, Armstrong said he could not actually see Mr Banks because his head was covered by curtains. He said that he only "prodded" and "poked" the knife through the curtain. But Mr Anelay said that Mr Banks had not been threatening anyone with a knife and could have been disabled with the clock. Armstrong, he said, had already called the police and could have played for time. It was not self defence.

    The trial continues.
     
  2. Brasso

    Brasso Member

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    Jolly 'Ole England.

    How far they have fallen.
     
  3. Cosmoline

    Cosmoline Member

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    Where's Agricola to explain the inherent logic of this one? "Civilisation" indeed.
     
  4. R.H. Lee

    R.H. Lee Member

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    A once great world power reduced to a land of quivering blissninnies.
     
  5. TheEgg

    TheEgg Member

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    [British accent on]

    This heinous act clearly illustrates why no man needs a knife. We must ban all knives in our country to prevent such awful incidents!!!!

    [British accent off]
     
  6. cordex

    cordex Member

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    David stabbed Tony more than he got stabbed, didn't he?

    That's murder.
     
  7. jnojr

    jnojr Member

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    No doubt the feminists will go nutso when I say "Stupid bitch!", but...

    Stupid bitch!
     
  8. Bubbles

    Bubbles Member

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    I was thinking the same thing.

    This article sounds almost like something you'd find on The Onion. Too bad it's not...
     
  9. carpettbaggerr

    carpettbaggerr Member

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    Even in England, perjury is a Very Bad Idea. Don't lie to the cops, you'll go to jail.
     
  10. Beren

    Beren Moderator Emeritus

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    He meant to say "prodded vigorously."
     
  11. Standing Wolf

    Standing Wolf Member in memoriam

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    England is the country that lost the American Revolution.
     
  12. agricola

    agricola Member

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    lets wait until we hear more of the facts before making comments please?

    oh wait, this is THR talking about a "self defence" issue in the UK - i guess it means we will make statements subsequently found to be rubbish, based on no evidence other than "what someone heard down the range" (or of course from a "commentator" whose argument will be so thin and full of holes it might as well be a vagrants jumper), then forget making them.

    as it happens, based on that i doubt he will get done for murder - but manslaughter is a far more likely verdict
     
  13. AF_INT1N0

    AF_INT1N0 Member

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    [​IMG]

    Nuff Said.

    :neener:

    :neener: :neener: :neener: :neener:
     
  14. Iain

    Iain Member

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    It does take quite a 'prod' to produce this result:

    Let's see how this one works out before jumping to conclusions (I am aware I am repeating Ag, but it probably bears repeating.)

    With that I am off to my brothers wedding, will be gone for several days. Bye for now.
     
  15. Zedicus

    Zedicus Member

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    LOL, Nice one AF_INT1N0, gotta Love Oleg's Captions eh?:D
     
  16. Zundfolge

    Zundfolge Member

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    Fine, not murder but where is the justice in a manslaughter convictions?

    The deceased broke into the defendant's home and threatened to kill him ... in what twisted world do you live in where defending yourself against such a threat is manslaughter?


    I understand the plea to "wait for all the facts" but do you honestly believe that if the facts are as they have been presented here that this man deserves a conviction for manslaughter?
     
  17. agricola

    agricola Member

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    zundfolge,

    the two important parts of that story that form the main focal points of this case (as revealed in that article) are:

    i) the only person to have seen the knife is the defendant
    ii) the only person to have heard the threat against his life is the defendant
    iii) whether the only option to the defendant was to stab the deceased

    take these out - as the prosecution will try to do - and the case is weaker (and the "i just prodded him a few times with the knife" sounds very hollow to me) and might lead to a conviction.

    once again, please do not assume that the defence is telling the truth automatically
     
  18. Zundfolge

    Zundfolge Member

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    I'm not, but the undisputed facts of the case are pretty clear ... the deceased has clearly broken and entered and has a history of violent behavior after breaking and entering this very residence.

    That alone is enough for me (and the laws where I live ... yes I understand this poor fellow lives in the UK not Colorado).
     
  19. CZ-100

    CZ-100 Member

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    IM sure glade that our GREAT, GREAT, GREAT, GREAT, GREAT, GREAT, GREAT, Grandfathers Kicked their butts....

    Or this could be us.. :evil:
     
  20. Mixlesplick

    Mixlesplick Member

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    If this was an armed home invasion like it sounds than then I heartily applaud this outcome. There should be no prosecution but this is Engand so good luck to Mr. Armstrong.
     
  21. Stand_Watie

    Stand_Watie Member

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    Even if it was an unarmed home invasion the outcome was good right up until the law got involved.
     
  22. JohnBT

    JohnBT Member

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    I'd wager the Royal Navy doesn't teach that the preferred method of repelling boarders is to 'clock' them.

    Or maybe they do. :)

    Stuck, prodded, poked - what's the difference?

    John
     
  23. Little Loudmouth

    Little Loudmouth Member

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    Ah, England....reduced to this....
     
  24. agricola

    agricola Member

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    JohnBT,

    but who "prods" someone with a knife? better to say that, if thats what happened, you were in fear of your life from an armed assailant and you used the appropriate force - ie: "stabbed him as hard as i could to make him stop"

    it seems strange to claim self defence when in fear for your and a loved ones life and yet claim that you only poked him a bit. that said, there is almost certainly a lot more to this than in the report - few papers have taken this up as an "outrage of justice" story, usually a good sign (given that they do pick em up and embroider em when you could argue the toss)
     
  25. Grey54956

    Grey54956 Member

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    Interesting...

    I never thought of using a clock for home defense...

    Damn England! We need to send troops there next,
     
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